Months Later, E. Allen Soldier's Death Unexplained

Seven months after the deaths of two soldiers at a California Army base, the military has not finished its investigation of the shootings, heightening the anguish for the soldiers' survivors.

The families of Sgt. Timothy Miller of East Allen Township and Spc. Terry Stephenson Jr. of Greencastle, Ind., say they have sought information from the military, but have been told little about the deaths.

They say that has caused them to wonder whether the military is hiding something.

"Maybe they're taking the time to cover their tracks," Terry Stephenson Sr. said. "It all points to the fact that they were wrong in letting happen what happened."

Miller, 25, an auto mechanic, and Stephenson, 20, a tank systems mechanic, died of gunshot wounds July 7 at Fort Irwin in the Mojave Desert, according to the San Bernardino County coroner.

Army officials have called it an apparent murder-suicide, with Miller killing Stephenson and himself. Miller may have committed the acts because Stephenson was about to testify against him in a court-martial involving charges of fraternization with Stephenson, Army officials said.

But the Army has not disclosed what evidence it has to conclude Miller killed Stephenson, other than pointing out Miller had a motive. Fort Irwin spokesman John Wagstaffe said the Army is aware of no one who might have seen Miller at the scene of Stephenson's death.

And the Army crime laboratory still is working on forensic tests on physical evidence from the case, said Lt. Col. Lawrence Sagan, who heads the lab.

Army spokesman Ken Miller said officials do not know when the investigation will be done.

"It could be a few months," he said. "Who knows? It can't be set in concrete."

Stephenson's father said that because he can't get enough information from the military, he has tried other sources.

"I've written to senators, congressmen, the president, the whole bit to find out what happened," he said. "I'm still waiting to find out what happened."

Miller's brother, Edward, said he investigated the deaths, making dozens of phone calls and writing dozens of letters to military and civilian agencies. He said he and his parents believe his brother did not kill himself or Stephenson, though he acknowledged he can't prove it.

"If the family is right, that there is a third person, then that third person is getting away with murder," Edward Miller said. "I feel it's total neglect in the way the case is being handled."

One reason Miller said he believes his brother did not commit suicide is that a pathologist he consulted told him after looking at the autopsy report that his brother was shot from 20 feet away.

Micky Boettger, an Army criminal investigator who worked on the shootings, said, "We in the Army, we just don't want to talk about it at this point. I'm not saying it's procedure, but we just don't make a habit of talking to the press."

The little information that has come out about the deaths has come from federal Freedom of Information Act requests made by Edward Miller and The Morning Call.

The newly released documents say:

*Four officers at Fort Irwin were reprimanded after the deaths for allowing Miller's .44-caliber Magnum pistol out of the gun room. The gun was found next to Miller's body. It was to have been locked in the gun room because Miller, with the pending charges against him, was not supposed to have weapons.

*The Army transferred Miller to a different job site after he was charged to keep him away from Stephenson but failed to move him to different quarters.

*Stephenson and Miller told Army criminal investigators that they had sexual relations with each other, but each said he was an unwilling partner.

*And two soldiers filed conflicting reports about whether Miller acted suicidal in the days before his death.

The shootings occurred three days before Miller was to be tried on charges that he had fraternized with Stephenson, a subordinate. Army criminal investigators accused the pair of having sexual relations on and off the base from December 1990 to March 1991.

Military regulations forbid fraternization between a supervisor and subordinate. And a controversial military regulation prohibits gays from serving in the military.

Miller, 25, was charged with sodomy, indecent acts and giving alcohol to a minor. If convicted, he could have been sentenced to six months in prison, a bad conduct discharge and other penalties.

The Army documents contain written statements supposedly from Miller and Stephenson, each accusing the other of initiating the sexual contact.

Though each claimed to have been an unwilling partner, they wrote that they continued to get together socially after the unwanted sexual advances. They watched X-rated movies, played video games and slept in Miller's quarters.